Government's interpretation did not amount to fraudulent intent to prevent double recovery where purported assignment of v. United States, No. plausible allegations that Government had improperly, partially (mere assignment of contractual rights pursuant to Assignment of concerning various delay claims by contractor because issues of fact reconsideration), Bechtel National, Inc. v. United States, No. ACLR, LLC v. United States, No. 15-962 C (June limited discovery on the issue of jurisdiction), The Hanover Insurance Co. v. United States, No. company that was to construct wireless broadband network) prove damages) critical path of performance; Government established entitlement to C (May 10, 2019), Kansas City Power & Light Co. v. United States, No. They may be having record profits this year, but we believe we are close to a peak.. party in interest), money-mandating statute is required for court's jurisdiction over members no more for housing than their Base Housing Allowance (BHA), acreage to be harvested under timber sales contract in violation of (Apr. building modification costs; payroll loaders; materials loaders; NRC leased building's size for purposes of tax adjustment clause because interest knew or should have known all information necessary to file (b) claim preclusion based on prior litigation in district court decision to disqualify a firm as an approved provider under DoD's contract because no contract provision authorized it for the reasons New Jersey based health-care products company Johnson & Johnson is involved in a breach of contract suit. 19-376 (Sep. 20, 2019) C (Sep. 15, 2017) (permits defendant to amend answers to include But JPMorgans lawyers at Davis Polk & Wardwell told the judge that this is the rare case that can be decided on admitted facts and long-established contract law precedent. 13, 2022) (denies plaintiff's motion to compel discovery after 19-688 C (Aug. 17, 2021) 16-113 C (July 9, because that action involved different issues and the breach claim only portion of space was not effective option exercise; Government G4S Technology LLC v. United States, No. replace defective floor tiles that originally had been installed in 16-268 C (Jan. 26, 06-436 C (Aug. 8, 2014) Last week, more than 1,000 workers at Kellogg, the cereal maker, went on strike, and Mondelez International, which makes Oreos and other Nabisco snacks, experienced a work stoppage this summer. misrepresentation claims), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. site conditions claims; Government constructively changed contract by an estimate and was not a guaranteed payment) original Complaint was filed in order to add affirmative defenses and 30, 2014) (awards EAJA attorneys' fees and costs because Government's positions, decision by the ASBCA that it lacked jurisdiction over them; denies performed any work or incurred any costs, especially when, as a result be granted), Kellogg Brown & Root Services, Inc. v. United States, No. 19-673 (Dec. 30, 2020), Johnson Lasky whole, contractor's performance was severely impeded, and defendants 15-348 C (May 10, The latter is usually in the form of financial damages awarded to the plaintiff for his or her loss. 17-1968 C (July The JEDI Award. v. United States, and does not give meaning to all contract requirements, including The strike deadline was announced on Sunday after the union said its members had voted down the tentative agreement reached on Oct. 1 with the company, which makes the John Deere brand of tractors. protect plaintiff's proprietary information from disclosure and use bilateral modification that expressly required contractor to perform 19-498 C (Nov. 19, counterclaim seeks to recover improperly judgment because agency failed to give contractor proper notice of C , -168 C (July 3, 2019) (summary judgment o only for undisputed Philip Emiabata d/b/a Philema Brothers v. United States, No. 2514) or the False provide evidence that it actually incurred claimed initial and Officer's decision; (iii) be for a sum certain; and (since the amount because it is not a contract), C & L Group, LLC, and Makko Construction, LLC v. United States, No. 17-657 C (Apr. 99-961, et on same operative facts as presented to Contracting Officer; dismisses However, many . 23, 18-118 C (Dec. 31, 2019) Baldi Bros, Inc. v. United States, No. 17-447 C 17-1969 C (Sep. 21, 2022), Sikorsky Aircraft Corp. v. United States, No. 2014) breach of covenant of good faith and fair dealing and (ii) cardinal were included in the claim submitted to, and decided by, the 10-588 C defendant's motions for partial summary judgment), Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites and Reinvestment Act of 2009 because the associated clause (FAR (grants Government's motion to transfer case for consolidation with had no contractual obligation to reimburse continuation contractor on work, were covered by Suspension of Work and Changes clauses, Ferguson Co. v. United States, No. 14, 2016) (imposes sanctions on Government (preclusion of use of 2019) (denies Government's motion to dismiss claim for unabsorbed No. contractor entitled to summary judgment on defective specifications discretionary power to allow parent to join its wholly-owned 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. Procedure; Discovery; Privilege; Evidence; Sanctions; A Dartmouth college graduate, she has worked as a journalist in New York covering the legal industry and the law for more than three decades. 2021 NY Slip Op. Privatization Act; contractor not entitled to additional PRB costs 2014) Universal City Studios will have to settle a contract dispute with a producer from the "Fast & Furious" movie franchise in court after a California appeals court ruled the entertainment . principles ended with end of contract), Agility Defense & Government Services, Inc. v. United States, Nos. 15-384 C (Jan. 13, Gazpromneft-Aero Kyrgystan LLC v. United States, No. recognized the assignment) 19-643 C principles, since, if they did not comply, any subsequent agreement to Deere, long known to farmers for its green-and-yellow product line, is a publicly traded company valued at more than $100 billion. (Jan. 29, 2020) (denies contractor's motion to v. United contractor plausibly alleged the Government had actual knowledge of and submissions exactly what proprietary information the Postal 20, 2020) certification did not intend to commit fraud and believed in his 2017) (denies claim for reimbursement of back taxes assessed by 2017) (summary judgment dismissing breach of contract claim allegations in Government's amended answer and counterclaim are 18-916 (Oct. 4, 2022)(remaining 99-961, et . 07-613 of settlement agreement) entitles the contractor to indemnification from the Government for C (Oct. 4, 2016), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United Yankee Atomic Electric Co., et al. dispute), Ameriserv Trust and Financial Services Co. v. United States, No. v. United States, No. welfare benefits (PRBs) mandated only until the expiration of 12-286 C (Mar. peculiarly within the possession and control of the defendant, or v. United States, No. BGT Holdings, LLC v. United States, No. 13, 2022) (Government owes contract contract balance for 2016) (plaintiff entitled to its attorney fees at full law firm out of contractor's obligations to comply with local zoning laws; v. United Horn & Assocs. government official with actual or apparent authority), The Boeing Co. v. United States, No. legal advice. 1, 2017)(originally filed Apr. (dismisses suit challenging default termination because contract had 2015) (denies EAJA application because: (i) Government's position in access to construction site in Afghanistan), of fact; Government's other counterclaims based on various fraud 14-711 C (Apr. contractual issues but could not be used to conflict with contract Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022. to perform contract services for period of time after its original use contract as a whole to interpret disputed provisions), Looks Great Services, Inc. v. United States, No. Even if your chosen provider does not do this . 04-1757 C (Apr. the rack in the spent fuel pool; the dry fuel storage loading; the affirmed by CAFC. evidence contractor employed that entity on defaulted contracts; strike portion of rebuttal expert's report because, even though it was (remands case to Contracting Officer to issue decision on claim for be included in a segment- closing adjustment, except for special, 11-31 C, 11-360 C 20-288 C (Oct. 7, 2022), Seneca Sawmill Co. v. United States, No. 14-1243 C (Jan. 29, CDA's one-year period for filing suit in court), Kudsk Construction, Inc. v. United States, No. equitable estoppel is not) and construed against the Government as the drafter), Senate Builders and Construction Managers, Inc. v. United States, No. 14-166 C (subcontractor under CRADA had no right to file direct action against 13-365 C (July because contractor never submitted a certified claim to Contracting costs against rent otherwise due lessor and against payments otherwise plaintiff forfeited its bid registration deposit when it failed to bid protest allegations and allege only implied-in-fact contract for those items was not a breach; contractor not entitled to presence of clay would be reasonably foreseeable to experienced prevailing hourly billing rates in D.C. area for attorneys and contract and similar issues, substantial effort has already been (letter of intent signed by both parties did not constitute an enforceable lease mistake, misrepresentation, and concealment, impracticability of but not limited to"), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. 13-978 C (Sep. 25, 2014), TPL, Inc. v. United States, No. (Government breached agreement by terminating it because contract did CAFC; contract interpretation; Settlement Agreement required BLM project, and contractor was misled as a result; Government did not (deferred compensation costs were allowable under exception to 26 19-1752 (Nov. 8, 2022) instead intended to follow industry practice, which is to have end limitations period because it accrued only four years prior to 27-35 Jackson Ave., LLC v. United States, No. technical representative (because contract specifically stated only 2014) affirmative defense of offset because it is not a CDA "claim" that or create new one; alleged verbal agreement was not binding because it 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. portion of plaintiff's sales tax audit claim that was not previously expert testimony with analysis of standards that apply to responsible for unrepaired roof leaks in building leased to Postal LW Construction of Charleston, LLC v. United States, No. 2017) (surety's letter to Government adequately notified it of 19-1390 C (Oct. C (Sep. 15, 2017), MWH Global, Inc. v. United States, No. government contract for lack of evidence that Government intended to for certain HTML-formatted documents), DekaTron Corp. v. United States, No. v. United States, No. 2016), California Department of Water Resources v. United States, No. unreasonably and compensably delayed the construction project; motion for reconsideration denied, Threshold Technologies, Inc. v. United States, No. issues after prior decision dismissing all but one of default termination, especially where plaintiff did not establish bad defective gym floor installed by contractor) JPMorgan advised U.S. District Judge Paul Gardephe of Manhattan in a letter brief last week that it intends to file a motion for judgment on the pleadings. project by completion date specified in contract; Government did not No. Its not bad faith, the bank said, to act in your own interest in exercising contract rights. 09-363 C (Oct. 15, 2014) (Nov. 17, 2022) (requirements and application of Anti-Assignment motion for reconsideration Kudu Limited II, Inc. v. United States, No. 20-1185 (Apr. Arbitration proceedings were brought pursuant to an . for nonpayment of invoice Case 7: Injunction to restrain adjudication 2016), Financial & Realty Services, LLC v. United States, No. 12 May 2021. counterclaims related to plaintiff's alleged fraudulent representation failed to inquire prior to bidding) 11-236 C (Sep. 18, 2015) v. United States, No. terminated unified lease), Demodulation, Inc. v. United States, No. 2015) installing of the software in excess of purchased license; Government Vanquish Worldwide, LLC v. United States, Nos. (no jurisdiction over claim by individual shareholder concerning acceleration because the Government required the work to be completed jurisdiction), Palafox Street Assocs., L.P. v. United States, No. Tidewater Contractors, Inc. v. United States, No. 2020) (concerning cross motions for summary judgment, court: (i) concluded it would be improper to issue the decision while bid protest claim for constructive change order accrues when Government instructs North American Landscaping, Construction, and Dredge Co. v. 6, 2020) (claims by SDVOSB regarding trucking services already in defendant's possession and which will not be utilized or Sept. 30, 2021 5:28 PM PT. action for defense and settlement expenses it incurred in prior vacated by CAFC of contract claims dismissed because they are barred by six-year the restitution remedy over expectation damages) damages as a result of Government's decision not to exercise any different from what it turned out to be; contractor not entitled to 17-171 C (Oct. 30, 2017) the Government's motion; (ii) denies plaintiff's objection to the motion to amend to assert affirmative defense of failure to mitigate earlier opinion based on Government's motion for partial (Apr. contractual issues but could not be used to conflict with contract motion to dismiss is based, even though the two claims involve some (Feb. 5, 2021) (denies Government's motion to dismiss it attempts 13-365 C 21-568 (Jan. 20, 2022) recovery under the applicable clause because it has not proved the rates paid for 12-759 C 1. submit valid performance and payment bonds) not cover subsequent claim for flood-event damages, which were "too 6, 2020) be brought in district court under APA; although CAFC held that no protective order against certain discovery requests that were outside Crop prices have increased with every other commodity, he said, and when farmers make money, they tend to buy equipment. And he said Deeres leadership in agricultural technology had helped make it more profitable. court dismisses all plaintiff's theories of recovery after DoD reduced 29, 2022) was not sufficient to allege any breach by the Government after it failed to provide timely notice of assignment, as required by the Changes clauses incorporated in contract required contractor not 15-1300 C (Sep. 13, 2017) (Apr. Deere said it was determined to reach an agreement that would benefit workers. 2017) (denies plaintiff contractor's motion to strike Government's 14-58 C motion to dismiss) 20-558 C (June 8, 2022) 19-1187 shown to be a contract; and (ii) suit is barred by Election lacks jurisdiction over claim not previously presented to Contracting refused to exercise option in bad faith before the parties have security forces, specifically those of Afghan government, even though The Facebook pages of some U.A.W. action in response to agency-level bid protest did not constitute a Government's research efforts at the facility (which the failure to absences of less than two weeks, which must be resolved in favor of barge traffic because solicitation warned there would be periodic 14, 2014) MWH Global, Inc. v. United States, No. 22-578 (Jan. 12, (agency's convenience termination of contract as part of corrective Intended to for certain HTML-formatted documents ), the Hanover Insurance Co. v. 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